Phagdi system

Querist : Anonymous (Querist) 09 September 2018 This query is : Resolved
My Cousin Sister has received a home from her parents as a gift as an inheritance from her parent of Mumbai. The House is under Phagdi system. The Sister after marriage is living at Gujarat. After the demise of her parents the house is vacant. The sister visits that house once in 6 months for only 1 day.

In that casem since the house is vacant, Can the landlord take away or seal the home since the house is vacant?

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Dr J C Vashista (Expert) 10 September 2018
Prima facie it is an imaginary story.
How can a tenant "GIFT" the rented accommodation/property to his/her daughter as stated by you??
The demised premises is lying vacant after her marriage then it is obvious and lawful for the owner to take over possession of the property.
Consult and engage a local prudent lawyer for proper guidance and proceeding.
Why did you prefer to remain "anonymous" author knowing that such person is not obliged by experts as per rules of this platform?

Vijay Raj Mahajan (Expert) 10 September 2018
No landlord cannot take possession of the house unless there exists court order regarding this. Even if the house is vacant, its lawful possession is with the heir of the original tenant and unless the landlord move court for eviction of the heir of the tenant who by virtue of statutory provision of the Rent Control Act became the new tenant after the death the original contractual tenant he cannot get lawful possession of the house.

Kishor Mehta (Expert) 10 September 2018
BE CAREFUL : The landlord can always file an eviction suit. Under Maharashtra Rent Act 1999, the tenant can be evicted if the residential property is not being used, for the purpose for which it was rented, for a continuous period of six months immediately before an eviction suit is filed.

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